CaseLaw
The Appellant herein and some policemen were arraigned before the Lagos Zone of the Miscellaneous Offences Tribunal. The Appellant was charged with the following offences:-
"That you Henry Odeh on or about the 24th day of March, 1995 at Imaba Compound, Igando, Lagos dealt in to wit: offering for sale 290.15kg of Indian Hemp (Cannabis sativa) a drug similar to heroin cocaine or (LSD) without lawful authority and thereby committed an offence contrary to and punishable under Section 10 (c) National Drug Law Enforcement Agency Decree No. 48 of 1989."
"That you, Henry Odeh, on or about the 24th day of March, 1995, at No. 24 Imaba Compound Igando, Lagos knowingly had in your possession 290.15 kg of Indian Hemp (Cannabis sativa) a drug similar to Cocaine, Heroin [LSD] without lawful authority and thereby committed an offence contrary to and punishable under Section 10 (H) of the National Drug Law Enforcement Agency Decree No. 15 of 1992."
The 2nd to the 6th accused who stood trial with the Appellant were jointly charged in the 3rd count with aiding the Appellant to "deal" in 290.15 kg of Indian Hemp (Cannabis sativa) contrary to Section 10(c) of the National Drug Law Enforcement Agency Act aforesaid and punishable under Section 10(d) of the same Act. There was also a fourth charge against the 2nd - 6th accused persons. At the trial the prosecution called five witnesses in all and the Appellant and the other accused persons gave evidence but called no other witness. The second count against the Appellant was withdrawn upon an application requesting the withdrawal of the charge by the prosecution on the 30th day of April 1998. The trial tribunal found the Appellant guilty on count one and sentenced him to 10 years imprisonment. The Appellant being dissatisfied with his conviction appealed to the Court of Appeal, Ibadan, which set aside the conviction and sentence of the Appellant in count one of the charge but however convicted the Appellant on a different offence of being in unlawful possession of the 290.15kg of Indian Hemp under Section 10 (d) of the NDLEA, Act, which the Court of Appeal found proved. This led to the enhancement of the punishment of the Appellant from 10 years to l5 years as provided by Section 10 (H) of the NDLEA Act of 1992. It is against that decision that the Appellant has appealed to this Court.
Whether the learned Justices of the Court of Appeal were right in law...